- (1.) FACTS :- On July 3, 1987 the victim Rina Ghose went missing and thereafter found dead. The accused was the husband of the victim. It was alleged that there had been dispute over dowry. It was settled in a village compromise. Three days before the dowry could be given as per the village compromise, the victim was murdered. Police arrested the appellant who pleaded not guilty and opted to be tried. The learned Additional Sessions Judge, 2nd Court, Bankura tried the above appellant along with the other accused. The appellant was held guilty of the offence committed under Section 302 of the Indian Penal Code when other accused were acquitted of the charges. Hence, this appeal by the appellant.
(2.) EVIDENCE :- PW-1 (Manmatha Ghosh) :- The witness was the unfortunate father of the victim. According to him, Rina was married to Prasanta, the appellant above named. Manmatha could not give dowry and utensils giving rise to a dispute. In a village compromise (Salish) Manmatha was asked to give dowry and utensils within a certain date. Before three days of the fixed date when Rina was about to go to her in-3 laws place along with dowry utensils and ornaments, she died an unnatural death. Initially Rina was found missing. Gita Ghose and Mira Ghose wife and daughter in-law of the witness respectively reported that Prasanta and Madan took Rina from their house after dusk. On a search being made in the locality, Rina could not be found. Other villagers Satyanarayan, Mathur, pintu, Durga searched her. Shyamal went to the accused persons when accused Balai informed that Rina was not in their house, so were Prasanta and Madan. Subsequently, Sukumar informed that Prasanta and Madan were found going towards Kotulpur by cycle. The villagers went to Kotulpur. They also went to Jalitha in the house of Badal Panja, brother in-law of Prasanta where they found Prasanta. On being pressed by Satyanarayan, Prasanta confessed that he had throttled her to death and threw her body in jute field with the help of Madan. Prasanta also told them that Madan had poured poison in her mouth and Pintu had also been with them. Prasanta led the villagers to the field where Rina was found lying dead. The witness lodged the FIR. He made the complaint being written by Swapan Ghose who wrote it as per his dictation. He put his signature after the complaint had been explained to him. PW-2 (Shyamal Ghose) :-4 Shyamal almost corroborated his father, Manmatha. He also supported the extra judicial confession of Prasanta so told by Manmatha in his deposition. In addition, Shyamal stated that Prasanta used to come to their house time and again. They had cordial relationship. PW-3 (Rambilash Law) :- Rambilash was a villager. He also corroborated PW-1 and 2. He also searched Rina along with others. He did not go to Jalitha. Prasanta was brought by the other villagers when he had confessed before them that he had committed murder of Rina by throttling her to death and throwing her body in the jute field. PW-4 (Siddheswar Kotal) :- The witness was also a villager. He corroborated PW-1, 2 and 3. PW-5 (Sukumar Mahapatra) :- The witness was also a co-villager. He along with Manik went to the house of Prasanta when his father told them that Prasanta had gone to his brother inlaw's place at Jalitha. The witness along with others went to Jalitha and 5 brought Prasanta. Prasanta had confessed having throttled her to death and throwing her dead body in the field. PW-6 (Sk. Shyamsed) :- The witness being a co-villager corroborated other witnesses with regard to the Prasanta's presence at Jalitha in the house of Badal. PW-7 (Manik Roy) :- Manik was a member of the Panchayat. According to him, Rina even after marriage used to stay in her father's house. In a village compromise it was settled at the Panchayat that Rina would go to the house of her husband on the day of Ultorath after payment of dowry and utensils. On the fateful day Rina was found missing. Witnesses along with others searched Rina and Prasanta. Sukumar told them that he had seen Prasanta and Madan going to Kotulpur by cycle. Shyamsed, Sukumar, Shyamal and some other villagers brought Prasanta from Jalitha when Prasanta confessed his guilt after being assaulted by the villagers. At this stage the witness was declared hostile. PW- 8 (Smt. Mira Ghose) :- The witness was the sister in-law of Rina (Boudi). On the fateful day Gita was combing the heir of Rina and Mira, Prasanta called Rina by indication from 6 "front door". Rina responded the call. Mira peeped through the door and found that both of them were talking behind the cow-shed and Madan was standing there. In cross-examination Mira stated that both Prasanta and Rina were accustomed to talk to each other in such a fashion. PW-9 (Satyanarayan Pal) :- Satyanarayan found Prasanta behind the cowshed. He was talking to Rina, accused Madan was standing there. PW-10 (Anaboidya Sen) :- The witness was the Autopsy Surgeon. According to him, the death was due to asphyxia as a result of throttling which was ante mortem and homicidal in nature. Viscera was preserved for chemical examination in order to detect whether there was any poison or not. PW-11 (Sukumar Pratra) ;- The witness was a constable who identified the dead body to the Autopsy Surgeon. PW- 12 (Anilbaran Mukherjee) :-7 The witness was a sub-inspector of Police attached to Kotulpur Police Station. On February 20, 1988 he was entrusted to investigate into the case. He consulted the case diary and other papers and submitted charge sheet. PW- 13 (Gangaprasad Shil) :- The witness was the sub-inspector of Police posted at Kotulpur Police Station. On July 4, 1987 when the incident occurred he received the information and made a G.D. Entry and proceeded to the spot with Force. He found a large gathering in front of Panchayat Office. Manmatha identified the deadbody of Rina. The Inspector held the inquest. He also seized the bottle containing poison found by the side of the dead body. He prepared the rough sketch map and seized some earth from the place of occurrence. He prepared a seizure list. He examined Manik Roy, the Panchayat member. Manik stated to him that Prasanta had confessed that he along with Madan and Pintu had throttled Rina to death and thrown her dead body to "San khet".
(3.) EXAMINATION OF THE ACCUSED UNDER SECTION 313 :- The learned Judge put each and every material evidence to Prasanta. Prasanta denied having any dispute about dowry, however admitted the village compromise having held on the issue of taking Rina to their place. On 8 another query Prasanta stated that he went to his brother in-law's house (Kajal) on that day at about 7.08 p.m. when five/six persons namely Samshed, Sukumar, Niru Ghosh, Kalipada, Siddeswar and others asked him to go home. He was afraid thinking that something might have happened to his parents and accompanied them. But they confined him near Panchayat Office and assaulted him. He did not make any confession.;